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ITAT Mumbai

Penalty u/s 271(1)(c) untenable as making of claim doesn’t amount to furnishing of inaccurate particulars

June 21, 2023 1638 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) not leviable as mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income.

AO directed to examine leasehold or complete right over property vis-à-vis applicability of section 50C

June 21, 2023 1614 Views 0 comment Print

ITAT Mumbai has directed AO to obtain the complete information and examine whether assessee has only leasehold right or complete rights over the property so that provisions of section 50C of the Income Tax Act are attracted.

Addition for Sponsorship Contributions- Additional Evidence – ITAT directs AO to re-adjudicate 

June 21, 2023 396 Views 0 comment Print

In the case of Bhagyashree Manohar, it was determined that the assessee should not suffer due to non-filing of material information. Considering the new evidences, the case was set aside, and the issues were restored to the AO for fresh adjudication.

Issue of notice u/s 148 against deceased assessee is null in the eyes of law

June 20, 2023 6504 Views 0 comment Print

ITAT Mumbai held that issuance of notice for re-opening of assessment under section 148 of the Income Tax Act against the deceased assessee is null in the eyes of law.

Changes in section 139(4) & 139(5) by Finance Act 2016 not retrospective

June 20, 2023 1122 Views 0 comment Print

Insightful analysis of the ITAT Mumbai ruling in the case of Qayum Ismail Mukaddam Vs CIT, where the applicability of changes in sec 139(4) & 139(5) by Finance Act 2016 is discussed.

Provisions of section 56(2)(x) are prospectively applicable only from 01.04.2017

June 20, 2023 4431 Views 0 comment Print

ITAT Mumbai held that the provisions of Sec. 56(2)(x) of the Act are incorporated in the Finance Act 2017 with the prospective applicability from A.Y.2017-18 and the transactions entered into prior to 1.04.2017 would not suffer any implications of the section.

ITAT allows interest expense liability provision

June 20, 2023 402 Views 0 comment Print

An overview of the ITAT Mumbai ruling in Hitesh Shantilal Mehta Vs DCIT, where the Tribunal deleted an addition by disallowance of interest expenses accrued from investments in shares and securities

Order of AO can be challenged before CIT(A), Not ITAT – Appeal Dismissed

June 20, 2023 1017 Views 0 comment Print

Read about dismissal of an appeal by ITAT Mumbai in case of BLPL Singapore Pvt Ltd Vs DCIT. Sssessee’s appeal against penalty order under Section 270A for non-disclosure of interest income was dismissed.

Order passed without considering documents and examining residential status needs to be restore back

June 19, 2023 831 Views 0 comment Print

ITAT Mumbai held that order passed without considering the documents and without examining the correct residential status of the assessee is liable to be restore back for de novo adjudication.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 2823 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

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